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CNCI Blog

The price of poor diabetes care.

Kim Daniells
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  There is growing concern for people living with diabetes after a major charity report said that delayed routine health checks may have contributed to 7,000 more deaths than usual in England last year. Charity, Diabetes UK, says too many people...

Mental health unit deaths show pressures facing overlooked service

Kim Daniells
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  Deaths, staff shortages and a culture of life threatening self-harm are exposing deep fears about the quality of mental health care in hospitals for children and young people. Since 2019, at least 20 patients aged 18 or under have died in NHS or...

Hospital disrepair - a danger to patients?

Richard Wood
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  Concern is growing about the safety of many NHS hospitals in England that have fallen into disrepair after years of neglect. Figures from NHS Digital’s annual report into the condition of NHS estate show it would cost the health service in...

East Kent - a devastating report.

Kim Daniells
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    Dozens of babies and mothers died or were injured during childbirth because of repeated failings in maternity care at a major NHS trust, a devastating report has found. Leader of the investigation, Dr Bill Kirkup, said his findings into...

Sporting chance? The current legal playing field.

Kim Daniells
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Sports injuries threaten to pose considerable difficulties in the years ahead, both for sports' governing bodies and personal injury practitioners. Contact sports - such as rugby and boxing- which require at the very minimum some degree of...

The Ockenden Report - looking to the future.

Kim Daniells
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In the week that the Ockenden report was published,  another article appeared – on Tuesday, 29 th March – in The Guardian. The article suggested that a shortage of more than 2,000 midwives meant that women and babies would remain at risk...

The Ockenden Report - the caesarean option.

Kim Daniells
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One issue that is highlighted in the Ockenden report is that of women being discouraged from having caesarean sections. This appears, at least at one time, to have reflected wider concern against child birth becoming overmedicalised and about...

The Ockenden Report - listening and learning.

Kim Daniells
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The television coverage of the Ockenden report this week has revealed the human cost of the failings at Shrewsbury and Telford Hospital NHS Trust.  The scale of the tragic results of those failings becomes apparent when it is reflected in whole empty...

The Ockenden Report - in numbers.

Kim Daniells
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The Ockenden report, published today, was prepared following a review that examined 1592 cases at the Trust. The numbers revealed in the report indicate the systemic problems at the Trust, and the devastating impact that failings will have had on...

Key Findings of The Ockenden Report

Kim Daniells
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The Ockenden Report published today, Wednesday, 30 March 2022, was commissioned after a series of problems were identified in maternity care at the Shrewsbury and Telford  NHS Trust. Senior midwife, Donna Ockenden, completed the report after...

Publication of The Ockenden Report

Kim Daniells
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  The Ockenden report is published today. In a series of blog articles we will address the background to the review, the findings of the report and explain how events at Shrewsbury & Telford Trust impacted upon hundreds of families over more...

Getting the best from your GP.

Kim Daniells
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  Our work in the field of medical law has shown us that one of the biggest threats to successful and effective medical care is poor communication, by the patient or their GP, especially at an initial consultation. Many people who need to see a GP,...

Giving women a voice, and a choice over their medical care.

Kim Daniells
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  Earlier this summer the then health minister, Nadine Dorries, urged women unhappy with their medical care to demand different treatment. In guidance aimed and ending a gender imbalance in UK healthcare, Ms Dorries said that unconscious biases...

Call for urgent inquiry into assisted dying.

Richard Wood
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  From time to time the media have reported unsuccessful legal challenges to the current law on assisted dying. Those who have appealed for reviews of the current situation now have an influential and articulate new ally. One of the...

Mental healthcare provision ... and the pandemic.

Kim Daniells
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An earlier blog article addressed mental health provision and the problems highlighted by the coronavirus pandemic. This article looks in more detail at the effects of the pandemic, the challenges that current funding proposals will have to address, and the...

Psychiatric injury - evidence and impact.

Kim Daniells
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The current pandemic has created a perfect storm for those who suffer mental health difficulties. Just as awareness of mental health problems is increasing and those who are experiencing difficulties are being encouraged to seek support...

Sexual Abuse and Sexual Violence Awareness Week

Grace Monteith
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As we have readjusted to a new way of life during the current COVID-19 lockdown, those of us who work with and on behalf of victims of abuse are again becoming  aware that many children may be especially vulnerable at this...

Occupational Stress claims - how we can help.

Kim Daniells
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Recent emphasis in the media upon issues relating to mental health have highlighted for all of us, the pressures that we can encounter in modern life. Employers too are becoming increasingly aware that the stresses and strains of working life can be so...

Child abuse and Covid-19.

Grace Monteith
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As we have adjusted to a new way of life during the COVID-19 lockdown, those of us who work with and on behalf of victims of abuse are becoming increasingly aware that many children may be especially vulnerable at this challenging time....

Claims and Court cases - CNCI update.

Richard Wood
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The current Covid-19 situation is a troubling time for all, and those who might have considered embarking upon a claim arising from serious injury may feel tempted to postpone taking any action until things have settled.  However, those who have...

Coronavirus legislation and the vulnerable.

Kim Daniells
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Emergency legislation giving the British government wide-ranging powers during the Coronavirus pandemic, including relaxing rules around detention under mental health laws and altering some social care procedures, has become law after being backed by the...

Risks of polypharmacy.

Richard Wood
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Families responsible for the care of older relatives must be alert to the serious health risks posed by polypharmacy, the excessive consumption of multiple prescription drugs. Growing concern about polypharmacy follows a 2019 report, More Harm Than...

Time for concussion checks in sport.

Kim Daniells
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  Television audiences for the 2019 Rugby World Cup in Japan, and for the current Six Nations competition, will be familiar with players occasionally having to leave the pitch to undergo head injury assessments. The risks of concussion and the...

Information - shoulder dystocia

Kim Daniells
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Shoulder dystocia during a vaginal birth is considered an obstetric emergency, as the potential consequences for both mother and baby can be devastating. The complication arises if a baby’s shoulder gets lodged in the mother’s pelvis...

Communication and consent.

Kim Daniells
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  Recent press coverage of a claim for compensation by a mother, whose son was diagnosed with Down's syndrome, has provoked a significant amount of comment.  The claim was brought by the child's mother against the Royal Berkshire...

Spinal injuries and sport.

Kim Daniells
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  The world of elite sport is also, often,  a world of risk and sometimes, of devastating injury.  Life-threatening injuries occur in just a fraction of a second and careers can be ended, or significantly disrupted , as we saw recently...

Birth Trauma - an end to suffering in silence.

Kim Daniells
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We know that advances in medical care have resulted in childbirth being safer now for mum and baby than ever before.  Even where complications arise, specialist obstetric and neonatal care helps to ensure that the vast majority of difficult...

Headway campaign - brain injury fatigue.

Kim Daniells
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Those of us who work closely with survivors of serious head injuries are aware of the particular challenges associated with fatigue as a consequence of brain injury.  Headway have recently reported that it is the most commonly cited symptom...

Call to end postcode lottery for stroke treatment.

Kim Daniells
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In an article for Neuro Rehab Times the chief executive of the Stroke Association, Juliet Bouverie, has called for an end to the postcode lottery for stroke care.  Bouverie points out that in some areas even basic stroke treatment is not being...

Valuable support from the SIA for our clients with spinal cord injuries.

Kim Daniells
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The CNCI Team have recently received their updated Certificate confirming corporate membership of the Spinal Injuries Association.  We are proud to be associated with this organisation.  We are pleased to be able to support the SIA in...

Maternity care ... failings and investigations.

Kim Daniells
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There has been much in the media recently about the problems and alleged failings with maternity care at Shrewsbury & Telford NHS Trust. Issues have arisen that suggest long term difficulties at the Trust from the 1990's until just a...

Claiming compensation for a child's injuries.

Kim Daniells
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Those who have suffered serious injury as a result of clinical negligence may not initially feel that legal advice is a priority. Coping with the effects of injuries may dominate the lives of the injured person and family members. Later, when questions...

Childbirth injuries to mother.

Kim Daniells
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Where there are problems at the time of childbirth, the focus is often, and understandably, the potential impact upon the health of the child.  However, it is important to remember the potential impact that negligent care can have on the...

Cerebral palsy awards...and NHS funds.

Kim Daniells
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Media  portrayal of the financial plight of the NHS, and of cases where millions are awarded to victims of clinical negligence, can raise concern amongst the public. Those who rely upon the NHS for all aspects of medical care from cradle to grave...

Birth options - choosing a caesarian.

Kim Daniells
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In good, modern, medical practice patients are routinely advised of their options for treatment, and the pros and cons of each. This allows patients to opt for the level of intervention that is right for them. In theory this should...

Stillbirths - a CNCI special report.

Kim Daniells
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  STILLBIRTHS: “IT IS A LIFE SENTENCE: SOMETHING YOU NEVER GET OVER” In spite of advances in medical science and healthcare training, there are still thousands of stillbirths in the UK each year. In this special report, CNCI looks...

CICA "same-roof" rule due for abolition.

Kim Daniells
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Those who have suffered injury as a result of violent crime may find they have no alternative other than to seek compensation through the Criminal Injuries Compensation Authority.  Awards made by the CICA are assessed way of a tariff. ...

PTSD and traumatic childbirth.

Kim Daniells
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A successful birth is a satisfying occasion for the medical staff involved, the majority of whom care deeply for the welfare of the mothers and babies in their care and who find assisting them at a crucial time to be very rewarding. ...

Care funding in an age of austerity.

Kim Daniells
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The case of a family, which claims the NHS ‘turned its back’ on their sick mother and cost them £250,000, is another example of the complexities of providing care for an ageing society. Russell Byfield, from West Yorkshire, and his...

Health and safety - essential for saving lives.

Kim Daniells
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An inquest into the death of an engineer killed by an ammonia leak at a brewery has concluded.  David Chandler, from Bridgnorth, Shropshire, died at the Carlsberg plant in Northampton on 9 November 2016. The 45-year-old died after inhaling...

Male post-natal depression.

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  Post-natal depression is an issue which is usually associated with women for obvious reasons - after all men don’t go through pregnancy and childbirth. The birth of a child can, however, be emotionally challenging for both parents.  A...

GDPR - access to medical records.

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  For patients who wish to access their own medical records, the recent changes to data protection legislation eliminate one obstacle – fees.  From 25 th May 2018, in most cases, patients must be given access to their medical records...

Action for Brain Injury Week.

Kim Daniells
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Our experience at working with, and for, individuals who have suffered a serious brain injury has made it clear that it is not just the individual that is impacted. Brain injuries change the lives of those who have suffered injury and impact upon the futures...

Civil and Criminal justice systems for victims of abuse.

Grace Monteith
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Many victims who are able to discuss their experiences of sexual abuse enter into the criminal process without the knowledge that they are also entitled to make a civil claim for their physical and psychological injuries. For other victims, a civil...

Listening to abuse victims.

Grace Monteith
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In recent years, we have witnessed a shifting attitude surrounding the issue of sexual abuse. Thankfully, this is something that is constantly becoming less and less of a taboo subject. We are now much more accustomed to reading about sexual abuse in...

Gaming Disorder Classified as a Mental Health Condition.

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  The World Health Organisation is to soon classify compulsive gaming as a mental health disorder in The International Classification of Disease diagnostic manual.  The manual will outline the criteria needed to determine whether someone can...

Time limits for abuse claims.

Kim Daniells
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It is common for those who have experienced abuse in the past to ask questions about the time limits for bringing a claim. The time limit for a civil court action in respect of personal injuries is governed by statute and is often expressed as...

Helping abuse victims - each and every day.

Grace Monteith
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Legal professionals dealing with cases for sexual abuse or assault are, quite rightly, focussed on their role in achieving either a criminal conviction or an award of compensation. In pursuing these matters they are righting historic injustices,...

Occupational stress - it is time to talk.

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Mental health illness has barely been out of the news in recent months. From the Duke and Duchess of Cambridge and Prince Harry talking about childhood bereavement to Rio Ferdinand discussing his own struggles following the death of his wife, it seems...

Specialist team 'best in region'.

Kim Daniells
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Our specialist clinical negligence and catastrophic injury (CNCI) team has been identified as the best in our region, based on feedback from fellow legal professionals, and shortlisted for a nationwide award to be judged early next year by Legal 500, the...

Occupational stress - a serious issue.

Kim Daniells
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Stress undoubtedly enters most people’s professional lives at some time or another.  The extent to which stress is an issue is not determined by the type of profession in which you work or the salary you earn.  Occupational stress can affect...

Baby Loss Awareness Week 2017

Kim Daniells
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Next week is Baby Loss Awareness Week. This is an annual event, providing an opportunity for parents, families and friends to remember their precious baby who has died. The event is led by SANDS in collaboration with over 40 charities in the UK. SANDS, and...

The injustice of CICA rules

Richard Wood
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Press coverage of child abuse cases has, in recent years, helped to shed some light upon what would otherwise be a hidden and shameful episode in our history. We are all now much better informed about the terrible abuse inflicted upon children both in the...

Care cap deferral - the demographic challenge.

John Coulson
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IN spite of the UK being one of the world’s richest nations, currently in a period of economic growth, in 2015 the Government deferred introducing its policy to cap the amount people must pay towards the cost of their care in old age. As one...

Safety a big concern in NHS and care sector, CQC inspections confirm

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Safety standards across the NHS and care sectors are a "significant concern" with particular problems in hospitals, health watchdog inspectors are warning. The Care Quality Commission (CQC) found that three-quarters of the 79 hospital...

Side lined families and a failure to learn from past mistakes?

Kim Daniells
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BBC News obtained a draft report which claimed a major NHS trust had failed to investigate the unexpected deaths of more than 1000 patients with mental health conditions and/or learning difficulties since 2011. This, in turn, has prompted the...

Thousands of elderly go hungry in residential care, research claims

Kim Daniells
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Thousands of elderly people receiving care at home are not being given enough to eat or drink, according to new research. An estimated 40,000 older people say meals are inadequate, or provided very late in the day, leading to worries they are becoming...

Fixed costs - a sticking plaster for the NHS?

John Coulson
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IN a time of concern over health service costs  it is easy to see why it is convenient for the Government to blame  ‘greedy’ lawyers for £1.1bn in pay outs by the NHS for cases where patients have been harmed. But to adopt...

Primary care - the legal costs.

Kim Daniells
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The Medical Protection Society has called for fixed costs to be introduced for small value legal claims against GPs. In support of their call the MPS cited a recent case where a delayed diagnosis of skin cancer saw a patient awarded damages of...

Time to listen.

Kim Daniells
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IN days before the current sophisticated technology, training and drugs associated with childbirth, it was accepted that the short journey from womb to daylight was the most dangerous of our lives, not just for the child but for the mother too. Now in...

Consent ... but not as we know it.

Richard Wood
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As Britain is a mature, stable, democracy millions of us place our trust in our national organisations and institutions every day. Almost unquestioningly we send our toddlers to nurseries, step on international flights, ride in taxis and dine out because...

A Sporting Chance.

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In May of this year a player in the French Rugby Union Team Toulouse, Florian Fritz, suffered an injury to his head after colliding with the knee of an opposition player.  The footage of the collision and its aftermath is accessible on Youtube. What...

Headway - making a difference.

Richard Wood
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The brain injury charity Headway have recently re-launched their GP campaign to call once more for Headway supporters across the UK to get their message out to GPs. The re-launch has come at a time when according the to Royal College of General...

The price of justice.

John Coulson
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A report in The Sunday Telegraph of 1st February 2014 alleged that “Ambulance-Chasers push NHS costs bill to £200m”The article went on to state that some lawyers are claiming costs and fees up to 10 times more than the damages awarded...

Learning from loss.

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One of the saddest and most difficult aspects of dealing with clinical negligence and catastrophic injury claims is speaking to families who have suffered the loss of a loved one. At what is for them the most devastating time...

Complaints Legal Challenge.

Kim Daniells
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Patients who have concerns about medical treatment may opt to follow a complaints process, or seek legal advice. Many opt to do both. At a difficult and often distressing time patients and their families understandably want to make sure they have...

Experience and expertise.

Kim Daniells
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These are confusing and difficult times for those who have been affected by serious injury and would like specialist advice and support. Until April of this year there was a reasonably clear distinction between claims management companies and specialist...

Care in crisis.

Kim Daniells
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Research has revealed a quarter of all social workers resort to lying on official forms to get care for the frail elderly 26% of workers carrying out assessments of elderly care needs, admit to deliberately exaggerating how frail they are to meet...

Government response to the Francis enquiry.

John Coulson
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Seven weeks after the publication of the Francis report the Government has released its initial response. The response announced a number of reforms and has received a mixed reception from health professionals. Central to the Government’s response was...

Antipsychotic medication for dementia.

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According to the Alzheimer’s Society there are currently 800,000 people with dementia in the UK. 80% of care home residents have either dementia or severe memory problems. Dementia is not a single condition but an umbrella term for a number of...

Social Care Reform.

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The Government have announced their much heralded reforms to the funding of social care. In doing so they have announced their intention to implement some of the recommendations from the ‘Dilnot Commission’ . The Commission was...

The Francis Report and the Duty of Candour.

Kim Daniells
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What happened at Mid Staffs between 2005 and 2009 was failure at all levels, affecting thousands of patients and leading to "appalling and unnecessary suffering". There was a wholesale "lack of care, compassion, humanity and leadership"....

Five indicators of neglect in care homes

Kim Daniells
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If you don’t know what you’re looking for it can be difficult to identify cases of neglect in care homes. Below are five indicators that an elderly relative may be suffering from neglect. These indicators are by no means exhaustive, nor do they...

When sorry seems to be the hardest word

Kim Daniells
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In 2009 I attended an inquest into the death of a patient who had been discharged from hospital just a few days before. I heard a Consultant responsible for the deceased’s care, explain the sequence of events that had led to the patient being...